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Data Breaches, Identity Theft And Article Iii Standing: Will The Supreme Court Resolve The Split In The Circuits, Bradford Mank
Data Breaches, Identity Theft And Article Iii Standing: Will The Supreme Court Resolve The Split In The Circuits, Bradford Mank
Faculty Articles and Other Publications
In data breach cases, the lower federal courts have split on the question of whether the plaintiffs meet Article III standing requirements for injury and causation. In its 2013 decision Clapper v. Amnesty International USA, the Supreme Court, in a case involving alleged electronic surveillance by the U.S. government’s National Security Agency, declared that a plaintiff alleging that it will suffer future injuries from a defendant’s allegedly improper conduct must show that such injuries are “certainly impending.” Since the Clapper decision, a majority of the lower federal courts addressing “lost data” or potential identity theft cases in which there is …
Privacy And The Growing Plight Of The Homeless: Reconsidering The Values Underlying The Fourth Amendment, Mark A. Godsey
Privacy And The Growing Plight Of The Homeless: Reconsidering The Values Underlying The Fourth Amendment, Mark A. Godsey
Faculty Articles and Other Publications
This Comment will discuss the issue that the Supreme Court of Connecticut declined to decide in Mooney: the Fourth Amendment's inadequate protection of homeless individuals' privacy in their living spaces or "homes." Part II will trace the evolution of Fourth Amendment doctrine from its beginnings in 1886 with Boyd v. United States, when privacy was intimately intertwined with private property, through the Warren Court's 1967 decisions in Katz v. United States and Warden, Maryland Penitentiary v. Hayden, which declared that "the principal object of the Fourth Amendment is the protection of privacy rather than property, and [we] …